Test case

Erosion of disabled carer’s TSDPE due to addition of LCWRA element and removal of carer element

MJ v Secretary of State for Work and Pensions (UA-2023-000561-USTA)
This is a challenge to the policy of the Secretary of State for Work and Pensions (SSWP) in relation to MJ, a claimant in receipt of the carer element and transitional SDP element (TSDPE), to erode the whole of her transitional SDP element when she was found to have limited capability for work and work related activity (LCWRA). The FTT found that the claimant had been unlawfully discriminated against on the basis that she was a carer and that her TSDPE should only erode by the amount by which her maximum UC had increased (ie the difference between the carer element and the LCWRA element). The SSWP appealed the FTT decision to the Upper Tribunal and that appeal was heard on 30 October 2024. Judgment is awaited. 
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Test case

Two-child limit non-consensual conception exception ordering rule

R (LMN and EFG) v SSWP [2024] EWHC 2577 (Admin)
This is a challenge to the non-consensual conception exception ordering rule within the two-child limit. The application for judicial review was initially refused permission on the papers. At a renewal hearing on 10 October 2024, the High Court granted permission for the case to go to a substantive hearing.
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Test case

Right to reside for EEA national with pre-settled status: preparatory steps and self-employment and self-sufficiency for ineligible partners

Secretary of State for Work and Pensions v VB and AD [2024] UKUT 212 (AAC)
The Upper Tribunal considered whether VB, a Norwegian national with pre-settled status, had a right to reside for the purposes of claiming Universal Credit because she was i) a self-employed person, ii) a self-sufficient person with comprehensive sickness insurance, and iii) had retained worker status.
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Spring update: MR and more

The Early Warning System collects case studies from welfare rights advisers. We use this evidence in CPAG's campaigning, policy and legal work. We're pleased to be re-launching our quarterly briefing for advisers.
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